Federal utility appeal: Judge wrongly ordered Tennessee ash cleanup

The TVA says a federal judge abused his discretion by ordering a massive coal ash cleanup at a Tennessee power plant. (MGN)

NASHVILLE, Tenn. —

An appeal by the nation's largest public utility says a federal judge abused his discretion by ordering a massive coal ash cleanup at a Tennessee power plant.

The Tennessee Valley Authority argues the Clean Water Act shouldn't have been applied in the case over the Gallatin Fossil Plant, and says there's little evidence of harm done.

TVA's appeal to the 6th U.S. Circuit Court of Appeals filed late last month also says state environmental regulators declined to put permit limits on underground leaks into groundwater from the ash complex.

In August, a federal judge ordered the ash excavated and removed, saying it's leaking pollutants into the Cumberland River.

The federal utility says it's taking steps to comply while it appeals.